Enkidoo’s Website is owned and operated by Société Enkidoo Technologies Inc. referred to as “Enkidoo”, we”, “us” or “our” in this agreement.
Outlined below is important information regarding the terms and conditions of using the Data Migration Services (called “Doosync Services”) provided by Enkidoo.
PLEASE READ THE FOLLOWING CAREFULLY.
Welcome to the Terms of service (also known as “terms and conditions” or “user agreement”, hereinafter referred to as “this Agreement”) for Enkidoo’s Website and Services. This Agreement describes the terms and conditions applicable to your use of our products and services available under the domain and sub-domains of Enkidoo’s Website (or the “Site”). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our Doosync Services.
We may amend this Agreement at any time by posting the amended terms on the Site. This Agreement may not be otherwise amended except in a writing signed by you and Us. This Site is owned and operated by Société Enkidoo Technologies Inc., a company incorporated in the Province of Quebec, from its offices at 214-3700 rue St-Patrick Montreal Québec H4E1A2 Canada. Enkidoo reserves the right, at any time, to modify, alter, or update these Terms and Conditions of Use, and you agree to be bound by such modifications, alterations or updates.
- PROPRIETARY RIGHTS
(1) All materials on this Site, including, without limitation, text, data, information, images, illustrations, are protected by intellectual property rights owned and controlled either by Enkidoo, or by third parties who have licensed their material to Enkidoo. Material from Enkidoo’s Website may not be copied, downloaded, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the prior written consent of Enkidoo or except as specifically permitted on this Website. Modification of material or use of material for any purpose other than your own personal, non-commercial, institutional or home use is a violation of copyrights and other intellectual property rights. The use of any such material on any other Website or networked computer is prohibited.
(2) The trademarks, logos and service marks that you see on this site are registered and unregistered marks of Enkidoo or its affiliates and subsidiaries, or third parties who have licensed the use of such marks to Enkidoo. Nothing in this site grants any licence or right to use any marks displayed on this site without the written permission of the owner of the mark. Your misuse of the marks displayed on this site or any other content on this site is strictly prohibited.
(3) Enkidoo makes no representation that materials on the site are appropriate or available for use in locations other than Canada. Those who choose to access this site from locations outside Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws apply.
We can be contacted at the following address:
Email: [email protected]
Postal address: Enkidoo Technologies Inc.,
Montreal, H4E 1A2
- LINKED SITES
Some links in the Enkidoo site let you leave the Enkidoo’s Website. The linked sites are not under the control of Enkidoo and Enkidoo is not responsible for the content of any linked site or any link contained in a linked site. Enkidoo is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Enkidoo of the linked site.
Enkidoo’s Website should be used ONLY in respect of the Enkidoo User’s Guide. Before using our Services read carefully Enkidoo User’s Guide .
The materials in the Enkidoo site are provided “as is” and without warranties of any kind either express or implied, unless otherwise specifically noted herein. To the fullest extent permissible pursuant to applicable law, Enkidoo disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the Enkidoo site and any Web site with which the Enkidoo site is linked. Enkidoo does not warrant the functions, information or links contained on these sites or that their contents will meet your requirements, that these sites or their contents are fit for any particular purpose or that the operations of the Enkidoo network or its contents will be uninterrupted or error-free, or that these sites or the server that makes them available are free of viruses, worms or other harmful components. Without limitation, Enkidoo makes no representations and warranties, express or implied, with respect to any specific merchandise or service that will be available for or obtained by members through the redemption of rewards.
(a) “As is”
The content and materials on the Site are provided “AS IS” without warranties of any kind either express or implied. Enkidoo shall have no responsibility or liability for any content or materials posted on the Site. To the fullest extent possible pursuant to the applicable law, We disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights.
(b) Limitation of liability
Under no circumstances, including, but not limited to, negligence, errors, omissions, shall Enkidoo or its third party licensors be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this Enkidoo’s Website, even if We or one of our authorized representative has been advised of the possibility of such damages. If your use of materials from this Site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. Some countries or states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
(c) Technical Errors/Bugs/Viruses
Information on this Enkidoo’s Website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. We may also make improvements and/or changes in the products and/or services described in this information at any time without notice.
We will not be responsible for the consequences of any problems with this Enkidoo’s Website that may result from bugs.
While every effort is made to ensure that all information provided to Us or at the Site does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system. You should pay specific attention to some of the newer viruses that have been written to automatically execute when an infected word processing document is loaded into certain word processing programs.
(d) Theft or Compromised of any kind of information
We will not be responsible for situations where a user’s personal or not personal information may be stolen or compromised by a breach from our Services or Enkidoo’s Website. Although We adhere to industry standards for maintaining the security and privacy of users’ information, We cannot guarantee that there is no risk of users’ information being stolen or compromised. We will not be responsible for stolen or compromised information that results from cyberattacks or users’ negligent behaviour.
(e) Suspension or Termination
We may suspend the Enkidoo’s Website at any time and on immediate notice if we reasonably believe that such suspension is necessary (i) to prevent imminent threats to the privacy, security or to the performance or availability of Enkidoo’s Website; or (ii) to comply with any applicable Canadian laws. We will use commercially reasonable efforts to promptly re-instate connectivity upon elimination of threat or potential non-compliance with applicable Canadian laws.
We can at any time decide to stop offering our Services or this Site to will not be responsible for any problems or inconveniences that this may cause to users.
We will not be liable to you or any third party for any modification, discontinuance, or suspension of Enkidoo Website or your Client’s account.
(f) Revisions to Terms
- APPLICABLE LAW AND TERRITORY OF APPLICATION
These User Agreement shall be interpreted in accordance with the laws of the Province of Quebec and the laws of Canada that apply in that province. This Agreement shall be considered in all respects as a distance or off-premises contract governed by the laws of the Province of Quebec, without regard to the principles of conflict of laws.
You irrevocably agree, unless requested by law that any dispute arising from these Terms and Conditions shall be submitted to a court of competent jurisdiction in the judicial district of Montreal, Province of Quebec.
- TERMINATION OF USAGE BY EITHER THE COMPANY OR BY THE USER
(a) Termination by You. You may stop using the Services and Site at any time. Termination of your account or Services does not relieve you of any obligation to pay any outstanding fees.
(b) Termination by Us. If we terminate the Terms, or your use of the Service(s) for reasons other than for cause, we will make reasonable efforts to notify you at least 14 days prior to termination via the email address you provide to us with instructions on how to retrieve Access to your account or Use of your service(s). Unless stated in any Additional Terms, we may, at any time, terminate your right to access your Account or use our Services if:
- i) you breach any provision of the term (or act in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms);
- ii) you fail to make the timely payment of fees for use of the service(s) and content, if any
you materially breach any provisions of the Terms, and (i) the breach cannot be corrected; or (ii) we notify you of the breach and you fail to correct it within 14 days of the notice;
Enkidoo is concerned about protecting the personal information of its clients and users of its Service as well as the respect of their privacy.